Dorchester Center, MA asked in Traffic Tickets for Massachusetts

Q: Can police cite someone for speeding if it is from a neighbors cell phone video and they did not see it?

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1 Lawyer Answer
Lissa McKinney
Lissa McKinney
  • Traffic Tickets Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: Yes- they sure can, and I even had a situation once where the dashcam of a motor vehicle behind my client's car was sent to State Police and they suspended a license right away under the 'lives and safety' emergency suspensions. However, issuing it doesnt mean you don't have a chance to succeed in beating it. Put in for the hearing and be sure to save a good readable copy of the ticket. For one thing, tickets are supposed to be issued 'in hand' to the violater when stopped, but for rare exceptions. G.L. ch. 90C sec 2. In addition, it is hard for a lay person to estimate speed from a video, and harder for the officers I would think. It is all estimated so a guess. A clerk might not think that is solid proof. I once learned of a case where the police tried to extrapolate speed based on a video using a start and stop point = distance, but this situation isnt urgent enough for them to go to that effort. Remember that a s peeding ticket can trigger SDIP points on insurance, and 3 in 2 years or any 5 moving violations will trigger license suspension. If you are on a JOL license there is an issue too. You may want to think about a lawyer for the caase if you are at risk.

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